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The military divorce process

On Behalf of | Jul 13, 2021 | Military Divorce

The condition of the relationship before filing for a divorce significantly affects the proceedings. Additionally, your income and child custody are some of the essential factors that dictate military divorce. Legally, your military status won’t make your divorce proceedings different from those of other civilians. However, the divorce process can last for long where you’re permanently stationed overseas. Some states, such as Texas, allow you to file for divorce if you reside or resided in the state during deployment.

The marital share for active members

After a divorce, most spouses receive some pension from the other spouses’ income. There are different methods in calculating the percentage of the pension to receive. The length of the marriage contributes to the amount you receive. These three methods determine how much you’ll receive:

• Net present value
• Deferred distribution
• Reserve jurisdiction

Custody of the children

During divorce, it’s always emotional when discussing custody. However, courts have the mandate to determine the spouse who gets custody and visitation rights. Since the parents need to have a parenting plan, active servers often get custody. A family care plan is essential in guiding the parents on looking after the children when the parent with custody gets deployed.

VA disability benefits

According to the Uniformed Services Former Spouse Protection Act (USFSPA), ex-spouses of military veterans have no right to disability benefits. Disability benefits are not assets during the proceedings, and they are different from retirement benefits. However, a judge might consider them when discussing child support.

Although military divorce is not unique, both spouses need education on their rights and obligations. If you want to file for divorce, consider consulting an attorney. An attorney might help you navigate the hurdles of military divorce.